June 3, 2024 - 6:00 PM - Board of Commissioners Rezoning Agenda

10 DRAFT PUBLIC NOTICE OF COUNTY BOARD MEETING June 3 , 2024 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , June 3 , 2024 at 6 00 pm or as soon thereafter as possible in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , NC The purpose of the meeting is to transact business as presented during the meeting Auxiliary aids for the handicapped will be made available upon reasonable notice Citizens that would like to address the Board for Public Comment or any of the cases listed below but have concerns with physically attending the meeting , may email those comments to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom The meeting will also be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Public Comment 3 Public Hearings Rezoning Conditional Use Requests CASE 23 - 25 - Applicant Blake Hesse 5 CASE 24 - 07 - Applicant Adams & Hodge Engineering , PC 25 CASE 24 - 08 - Applicant Duke Energy Progress , LLC 44 4 Manager Reports and Comments 5 Board Reports and Comments Page 1 of 66PageJune 3 , 2024 6 00 pm 1 Approval Discussion of Agenda 2 Public Comments 3 Public Hearings Rezoning Conditional Use Requests After each rezoning case is heard , which is a legislative public hearing , the hearing will be recessed and the Board will render a decision CASE 23 - 25 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 299 acres of a 1830 acre tract located at 8428 NC Hwy 50 N in the Elevation Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 07E06003 Owner Katie Proulx Applicant Blake Hesse Conditional Zoning Request Mulch and landscaping sales & equipment and commercial vehicle parking The Planning Board recommends APPROVAL of the request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Staff Report Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 24 - 07 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 196 acre tract located at 2264 Sanders Rd in the Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13E04003 Owner Aldridge , Inc Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Contractor's office and warehouse The Planning Board recommends APPROVAL of the request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Staff Report Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board Page 2 of 66PageCASE 24 - 08 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 659 acres of a 2393 acre tract located at 928 Gordon Rd in the Clayton Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 05I05026F Owner Stephens Enterprises LLC Applicant Duke Energy Progress , LLC Conditional Zoning Request Electrical substations , switching stations , transmission lines , and related electrical facilities Fact Sheet Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board 4 Manager Reports and Comments 5 Board Reports and Comments Page 3 of 66PageNOTICE OF PUBLIC HEARING The Johnston County Board of Commissioners will conduct Rezoning Petition Application Public Hearings for the following cases on Monday , June 3 , 2024 at their 6 00 pm meeting After each rezoning case is heard , the rezoning public hearing , which is a legislative hearing , will be recessed and the Board will render a decision These hearings will be held in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , North Carolina If there are any citizens that would like to address the Board regarding any of the cases listed below but have concerns with physically attending the meeting , please email those concerns to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom or call 919 989 - 5100 The meeting will be live streamed through YouTube at https wwwyoutubecom jocogovnc CASE 23 - 25 Rezoning Petition Petition to rezone 299 acres of a 1830 acre tract located at 8428 NC Hwy 50 N in the Elevation Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 07E06003 Owner Katie Proulx Applicant Blake Hesse Conditional Zoning Request Mulch and landscaping sales & equipment and commercial vehicle parking CASE 24 - 07 Rezoning Petition Petition to rezone 196 acres of a 3921 acre tract located at 2264 Sanders Rd in the Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13E04003 Owner Aldridge , Inc Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Contractor's office and warehouse CASE 24 - 08 Rezoning Petition Petition to rezone 659 acres of a 2393 acre tract located at 928 Gordon Rd in Clayton Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 05I05026F Owner Stephens Enterprises LLC Applicant Duke Energy Progress , LLC Conditional Zoning Request Electrical substations , switching stations , transmission lines , and related electrical facilities The public may obtain additional information on the above rezoning cases through the Johnston County Planning and Zoning Department located at 309 E Market Street , Smithfield , North Carolina between the hours of 8 00 am and 5 00 pm , Monday through Friday , or call 919 - 989 - 5150 RS " Butch " Lawter , Jr , Chairman Johnston County Board of Commissioners Page 4 of 66PagePage pageNumber5STAFF REPORT CONDITIONAL ZONING CASE 23 - 25 Petition to rezone 299 acres of a 1830 acre tract located at 8428 NC Hwy 50 N in Rezoning Petition the Elevation Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 07E06003 Tax ID Katie Proulx Owner Blake Hesse Applicant Mulch and landscaping sales & equipment and commercial vehicle parking Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services 50 210 Fire District and Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Agricultural Residential and used for those purposes Existing Land Use ? Zoned AR and used for residential and agricultural purposes Zoned AR - CZ Surrounding Land Uses and used for youth athletic fields and zoned GB and used for auto sales … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of NC Hwy 50 is 5,500 vpd 2021 ? NC Hwy 50 appears on the CTP as an existing major thoroughfare with adequate design capacity … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a " Low Density Residential " future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 10 ? This property came in as a zoning complaint to our office in early 2023 for the violation of operating a commercial business in an Agricultural Residential zoning district STAFF RECOMMENDATION Denial , based on the inconsistency with the Comprehensive Land Use Plan and the continued violation of property Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 23 - 25 RECOMMENDS APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is not consistent with the Envision Johnston Comprehensive Land Use Plan in that it is in a Low Density Residential area and not in close proximity to any activity nodes It also conflicts with LU - 1 of the Envision Johnston Plan that recommends to " Direct future growth toward the municipalities " Page 5 of 66PagePage pageNumber6Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed development will enable local residents and businesses to access resources necessary for the construction and maintenance of landscaping for aesthetic value and to abide by the county's landscape buffer ordinances By promoting the growth of landscaping , erosion and sediment runoff into local water bodies and blue - line streams can be mitigated 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The parcel is located along a major highway , NC 50 , and is near other large parcels Based on current trends , further development of subdivisions and other property types can be predicted within the vicinity of the site 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed development will serve as a resource for future development by providing the necessary supplies to create and maintain landscape buffers as required by the Johnston County landscaping ordinances 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed development will provide resources to enable adequate landscaping and greenery to be placed and maintained on new developments and existing properties This will enable Johnston County to continue developing at its current rate while minimizing the negative effects to the ecosystem and the visual aesthetic of the county Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The proposed conditional zoning area will provide mulch and other landscaping resources to new developments with the purpose of assisting new developments in meeting the landscaping requirements as set by Johnston County Individuals and existing residents may also purchase materials for the growth of gardens and other landscaping projects 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant No response Page 6 of 66PagePage pageNumber7Conditions 1 Proposed uses Mulch and landscaping sale and staging ; Equipment and commercial vehicle parking 2 An eight - foot opaque fence will be installed around any outdoor storage areas 3 Normal Business hours 8am - 5pm Monday - Saturday 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 7 All signage shall comply with the Johnston County sign code 8 All structures must comply with all rules enforced by Federal , State , and Local agencies 9 Secure an NCDOT driveway permit 10 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties 11 Commercial vehicles will be limited to 2 trucks , 2 trailers , and 2 pieces of equipment to load 12 Mulch must be delivered from off site and cannot be produced onsite Page 7 of 66PagePage pageNumber8Planning Board Minutes Case 23 - 25 February 20 , 2024 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 07E06003 Owner Katie Proulx Applicant Blake Hesse Location 299 acres of a 1830 acre tract located at 8428 NC Hwy 50 N in the Elevation Township Conditional Zoning Request Mulch and landscaping sales & equipment and commercial vehicle parking Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the petition was previously tabled at the December 19 , 2023 Planning Board Meeting Mr Marr stated surrounding land uses and zonings Mr Marr stated that the subject property came in as a zoning complaint in early 2023 for the violation of operating a commercial business in an Agricultural Residential zoning district Mr Jason Godwin , Enoch Engineers , 1403 NC Hwy 50 South , Benson , NC , was present to answer any questions from the Board Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Mr Marr provided Mr Godwin with a copy of the conditions Mr Godwin reviewed the conditions Mr Sasser asked if there was a business currently operating on the property Mr Godwin responded , not to his knowledge Mr Godwin stated that the NCDOT driveway permit had been submitted Mr Sasser asked if the permit had been secured Mr Godwin responded that it had been submitted only Mr Sasser asked about the request for sales and equipment Mr Godwin responded that it would be mulch sales Page 8 of 66PagePage pageNumber9Mr Brian Proulx , 8428 NC Hwy 50 North , Angier , NC , Owner , stated that he and his wife own the business Mr Proulx stated that they have a couple of dump trucks and do clearing and grading Mr Proulx stated that they make mulch and give it to other locations to sell Mr Proulx stated that someone anonymously complained , so he was going through the rezoning process so that he could park his equipment at his house Mr Proulx stated that a church and a ballfield were neighboring properties and he had previously spoken with the church Chairman Letchworth asked if Mr Proulx made the mulch on site Mr Proulx responded no , he made the mulch at other locations Chairman Letchworth asked if it was essentially truck parking on the subject property Mr Proulx responded yes Chairman Letchworth asked if Mr Proulx had reviewed the conditions included at the end of the staff report Mr Proulx responded that he was not aware of them , but that he read them during the meeting Chairman Letchworth asked Mr Proulx if he agreed with the conditions Mr Proulx stated that he agreed with the conditions Mr Proulx stated that it was not parking for other people , but that it was only parking for his own trucks and equipment Mr Sasser asked Mr Proulx if he would be selling equipment on the subject property Mr Proulx responded no Mr Marr clarified that the request was for commercial vehicle and equipment parking Mr Lovering asked about the equipment shown on the subject property Mr Proulx responded that most of the equipment shown belonged to his father and it had already been removed from the subject property Mr Proulx stated the only equipment remaining on the subject property was equipment used for the business Chairman Letchworth discussed condition # 11 concerning commercial vehicles being limited to two trucks , two trailers , and two pieces of equipment to load Chairman Letchworth asked Mr Proulx if that was sufficient for the equipment he had Mr Proulx confirmed that condition # 11 was sufficient Mr Hudson asked Mr Proulx about the hours of operation , 8am - 5pm Chairman Letchworth discussed the hours of operation and longer hours of daylight in the summer Page 9 of 66Page0Mr Proulx responded that the hours of operation were sufficient Ms Howard asked Mr Proulx if he lived next door Mr Proulx responded yes There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial based on the inconsistency with the Comprehensive Land Use Plan and the continued violation of property Ms Holmes asked Mr Proulx about condition # 12 and if Mr Proulx would ever need to produce mulch onsite Mr Proulx responded no , it would require people to dump onsite and he did not want that Mr Lovering asked staff if the violation had been resolved Mr Marr responded that the violation was for commercial vehicles and that a lot of the vehicles and equipment had been removed but there were still some remaining Mr Proulx stated that he was still parking his vehicles and equipment there Mr Sasser asked if it would still be a violation with two trucks , two trailers , and two pieces of equipment Mr Marr confirmed Staff Recommendation Denial Upon a motion by Mr Little to approve Rezoning Case 23 - 25 , seconded by Mr Hudson , Rezoning Case 23 - 25 was recommended for approval by a unanimous vote of 8 - 0 at the February 20 , 2024 Planning Board Meeting Rezoning Case 23 - 25 will be heard by the Board of County Commissioners at their April 1 , 2024 meeting Conditions 1 Proposed uses Mulch and landscaping sale and staging ; Equipment and commercial vehicle parking 2 An eight - foot opaque fence will be installed around any outdoor storage areas 3 Normal Business hours 8am - 5pm Monday - Saturday 4 The development shall conform to all requirements of the Johnston County Land Page 10 of 66Page1Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 7 All signage shall comply with the Johnston County sign code 8 All structures must comply with all rules enforced by Federal , State , and Local agencies 9 Secure an NCDOT driveway permit 10 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties 11 Commercial vehicles will be limited to 2 trucks , 2 trailers , and 2 pieces of equipment to load 12 Mulch must be delivered from off site and cannot be produced onsite Page 11 of 66Page2Page 12 of 66Page3Page 13 of 66Page4Page 14 of 66Page5ROBE GENERAL NOTES S R CERTIFICATE OF SURVEY ACCURACY R T CERTIFICATE OF FLOODWAY INFORMATION S - 2747 TRAIL ' ' RD STEPHENSON LANGD SR - 1322 SR SITE 1327 ON DR PENNY SR - 132 NC RD 3 HWY 50 CP ZACKS MILL RD CP SR - 1319 SETBACK NE LI LOT 10 VICINITY - NOT TO SCALE SURVEY LEGEND 10 LOT CP LINE EIS 1 2 - 2 BG BENT SETBACK R W 50 EXISTING RESIDENCE STREET 2011 SETBCK P NAD83 ID - DATUM P DRIVE CONC GR EXISTING NC FLAT IRON AT EIP 1 - 1 2 - 10 BG SETBACK EXISTING FENCE LINE T VC CERTIFICATE OF REVIEW OFFICER LO 10 P EXISTING DRIVE P DIRT TREELINE APPROXIMATE LOCATION EXISTING PRIVACY TREES PRELIMINARY NOT FOR RECORDATION EIP 1 - 1 2 - 1 BG OR CONVEYANCE R W SURVEYORS DECLARATION TO WHOM IT MAY CONCERN REFERENCES SITE PLAN for BRIAN PROULX noch Engineers , PA LOCATION PROPERTY OWNER S KATIE McKINZIE PROULX 8428 NC HIGHWAY 50 N & PROFESSIONAL LAND SURVEYORS NC HWY 50 N ANGIER , NC 27501 - 8727 BENSON , NC 27504 ELEVATION TOWNSHIP 1403 NC Highway 50 South - Benson , NC 27504 JOHNSTON COUNTY Phone 919 894 - 7765 Fax 919 894 - 8190 BP , JEG 5228 100 SURVEYED BY SCALE EE PROJECT Firm License C - 2061 EE , PA 1 2 DRAWN BY SURV DATE SHEET OF - - Page 15 of 66Page6ROBERTS SR - 2747 TRAIL 26886 2 RD STEPHENSON D LANGDON SR - 1322 SR SITE 1327 269 D D DR PENNY SR - 132 261 NC 262 D D 257 RD 256 260 3 263 HWY 258 264 50 PROPOSED GRAVEL EQUIPMENT D 259 PARKING 272 265 D 266 D 271 ZACKS MILL RD 267 270 SR - 1319 D 268 D 269 VICINITY - NOT TO SCALE D SURVEY LEGEND D SETBACK D D D D LINE D 256 LOT 257 10 258 D D 259 260 255 D PROPOSED D GRAVEL PARKING 263 P 262 5 SPACES 261 264 D D PROPOSED D EMPLOYEE KIOSK 265 W OUTHOUSE 266 267 D 268 D P D D & MULCH PROPOSED D STOCKPILES D LANDSCAPING 2 PROPOSED 15 STEEL P LOCATION SWING GATES W APPROX PADLOCK 256 D 257 P P 258 2011 259 260 NAD83 261 BE TO DRIVE DIRT EX PROPERTY TO UP 262 PAVED ATUM LINE 263 264 FIRE FLOW TEST D - D P STATIC 95 PSI RI 265 FLOW 50 PSI G C RESIDUAL 80 PSI N 2829 GMP AT 20 PSI SIGHT 70 X 30 PRELIMINARY TRIANGLE NOT FOR RECORDATION OR CONVEYANCE P SURVEYORS DECLARATION TO WHOM IT MAY CONCERN SITE PLAN for BRIAN PROULX noch Engineers , PA LOCATION PROPERTY OWNER S KATIE McKINZIE PROULX 8428 NC HIGHWAY 50 N & PROFESSIONAL LAND SURVEYORS NC HWY 50 N ANGIER , NC 27501 - 8727 BENSON , NC 27504 ELEVATION TOWNSHIP 1403 NC Highway 50 South - Benson , NC 27504 JOHNSTON COUNTY Phone 919 894 - 7765 Fax 919 894 - 8190 BP , JEG 5228 30 SURVEYED BY SCALE EE PROJECT Firm License C - 2061 EE , PA 2 2 DRAWN BY SURV DATE SHEET OF - - Page 16 of 66Page7 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 9260 - 1 in 77165 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling December 6 , 2023 Powered by TCPDF wwwtcpdforg Page 17 of 66Page823 - 25 Ortho 01 24 2023 - 02 24 2023 Page 18 of 66Page9Page 19 of 66Page0Page 20 of 66Page1Page 21 of 66Page2Page 22 of 66Page3Page 23 of 66Page4RESOLUTION FOR CASE NUMBER 23 - 25 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 07E06003 located at 8428 NC Hwy 50 N in Elevation Township , from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a Rural businesses may be a part of the mix of uses in developing residential areas 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The conditional zoning allows for a land use that provides community based service , and ; b The request is reasonable and in the public interest in that the prescribed land use , if developed in accordance with regulatory standards , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 1st day of April , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS " Butch " Lawter , Jr , Chairman Page 24 of 66Page5STAFF REPORT CONDITIONAL ZONING CASE 24 - 07 Petition to rezone 196 acres of a 3921 acre tract located at 2264 Sanders Rd in the Rezoning Petition Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 13E04003 Tax ID Aldridge , Inc Owner Adams & Hodge Engineering , PC Applicant Contractor's office and warehouse Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? 50 210 Fire District and Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned AR and is used for those purposes Existing Land Use ? Zoned AR and used for residential and agricultural purposes , Zoned Surrounding Land Uses Community Business CB just to the west of proposed parcel and used as a child care facility … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Sanders Rd is not available ? Sanders Rd does not appear on the CTP as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated " Low Density Residential Placetype " on the County's Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 7 STAFF RECOMMENDATION Denial , due to inconsistency with the Envision Johnston comprehensive Land Use plan Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 24 - 07 RECOMMENDS APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Statement This request is not consistent with the Comprehensive Land Use Plan in that it conflicts with " LU - 1 Direct future growth toward the municipalities " and " LU - 2 Concentrate commercial development in activity nodes " found in the Envision Johnston Comprehensive Land Use Plan Page 25 of 66Page6Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The parcel is currently zoned AR Only a portion 2 acres of this parcel is requested to be rezoned to GB - CZ The proposed project is a contractor's office with limited warehouse space According to the Future Land Use Map , the proposed project is located within 2 miles of Rural Crossroads areas , Neighborhood Center areas and Regional Mixed - Use Center areas and inside a medium Density Residential area making the proposed project a good fit for the area Hours of operation will be during general business hours of 7 30 am - 6 pm Monday - Friday as to not disturb the residential uses in the area The proposed entrance is to be off of Sanders Road by an approved NCDOT driveway for safety The proposed driveway will be asphalt with two different asphalt parking areas , one in front of the building for customers and office staff , and one in the rear of the building for work trucks and deliveries The front parking area will also include ADA parking The work trucks are standard service body trucks Stormwater quality will be addressed during construction with erosion control measures and in the long term with stormwater management facilities that address not only the quality of water but also the quantity of water The proposed project will use Johnston County water and install a private septic system approved by Johnston County Environmental Health for the public health and general welfare 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant In the General Business District , a contractor's office with warehouse space is a permitted use by right and would require the conditional district According to the land development code , the warehouse portion has a limit of 30,000 square feet The proposed building will include a 2,500 square feet of office space and 5,500 square feet of warehouse space The conditional District is proposed to specify the uses within the general business district The proposed project is a service business and could be a resource for jobs as well 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Access to the property is proposed from Sanders Road with an approved NCDOT asphalt driveway Ten foot landscape buffers will be constructed along all adjacent to properties with a 20 ' landscape buffer along Sanders Rd By providing good access , perimeter screening fencing , adequate landscape buffers and sustainable storm water management the contractor's office will blend into the surrounding area According to the 2040 Comprehensive plan , this is a medium density residential area Housing in this area allows residents options for living close to jobs , shopping , and services The proposed project is a service business and could be a resource for jobs as well 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant According to the future land use map , the proposed project is located within 2 miles of Rural Crossroad areas , Neighborhood center areas and Regional Mixed - use Center areas and inside a Medium density residential area making the proposed project a good fit for the area Hours of operation will be during general business hours of 7 30 am - 6 pm Monday - Friday as to not to disturb the residential uses in the area According to the 2040 Comprehensive plan , this is a medium density residential area Housing in this area allows residents options for living close to jobs , shopping , and services The proposed project is a service business and could be a resource for jobs as well Page 26 of 66Page7Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant Purpose The purpose of the conditional district is to allow for a contractor's office and limited warehouse space The proposed building will include 2,500 square feet of office space and 5,500 square feet of warehouse space The parcel is currently zoned AR Only a portion 2 acres of this parcel requested to be rezoned to GB - CZ to allow for the construction of a contractor's office with warehouse space Narrative Please refer to the site plan - 2264 Sanders Road prepared by A & H Engineering , PC dated 3 01 2024 Proposed water service through Johnston County and septic to be private septic approved by Johnston County Environmental Health The driveway off Sanders Road will be asphalt as well as the front and rear parking areas There will be 20 ft landscape buffers along Sanders Road All adjacent properties , which are residential , will be screened with a 10 ' landscape buffer All landscaping will be in accordance with the Johnston County buffer requirements Access to the property will be a very low volume and will primarily be during working hours Proposed Uses Contractor's office with limited warehouse space of 5,500 square feet and parking of company service trucks 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant Standard prescribed uses , setbacks , buffers , landscaping and other site development standards that would normally apply to the development parcels Conditions 1 Proposed uses Land use restricted to contractor's office with limited warehouse space Proposed by applicant 2 Parking of service vehicles overnight and weekends allowed Proposed by applicant 3 24 hour accessibility Proposed by applicant 4 Site may include a future covered 3 sided outdoor storage area Proposed by applicant 5 Any Lighting shall be engineered dark sky or down lighting so as not to shine on adjacent properties Proposed by applicant 6 The development shall conform to all requirements of the Johnston County Land Development Code Proposed by applicant 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff Proposed by applicant 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Proposed by applicant 9 All signage shall comply with the Johnston County sign code Proposed by applicant 10 NCDOT Driveway Permit required 11 At time of development , if 17,000 sf of impervious area is proposed to be added a stormwater permit will be required Proposed by applicant Page 27 of 66Page812 If an acre or more of disturbance is proposed , an erosion control permit will be required Proposed by applicant 13 General Business Hours of operation will be M - F 7 30am - 6 30pm Proposed by applicant 14 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Page 28 of 66Page9Planning Board Minutes Case 24 - 07 April 16 , 2024 Rezoning Case 24 - 07 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13E04003 Owner Aldridge , Inc Applicant Adams & Hodge Engineering , PC Location 196 acres of a 3921 acre tract located at 2264 Sanders Rd in the Pleasant Grove Township Conditional Zoning Request Contractor's office and warehouse Mr Marr introduced the case and referenced the information listed above Mr Donnie Adams , 314 E Main St , Clayton , NC , Adams & Hodge Engineering , PC , stated the particulars of the request and was present to answer any questions from the Board Mr Adams stated that the adjacent CB zoning is a daycare facility Mr Adams stated that the proposed use involved a refrigeration contractor with a need for office and warehouse space Mr Adams stated that employees typically have take home vehicles , however occasionally employees would come to the proposed facility to obtain a ride to jobsite Mr Adams also stated that deliveries would be limited to standard parcel service providers and occasional freight deliveries for delivery of refrigeration equipment , but it was not a daily occurrence Chairman Letchworth asked about 24 hour accessibility as indicated in the applicant responses Me Adams that employees may need access during all hours to obtain tools and materials but nothing is fabricated or manufactured on site Chairman Letchworth asked if the drive would be gated Mr Adams stated there is no intent to gate the drive Chairman Letchworth asked if the applicant agrees with the conditions for rezoning Mr Adams agreed to the conditions There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to inconsistency with the Envision Johnston Comprehensive Land Use plan Page 29 of 66Page0Staff Recommendation Denial Upon a motion by Mr Little to approve Rezoning Case 24 - 07 , seconded by Mr Sasser , Rezoning Case 24 - 07 was recommended for approval by a unanimous vote of 7 - 0 at the April 16 , 2024 Planning Board Meeting Rezoning Case 24 - 07 will be heard by the Board of County Commissioners at their June 3 , 2024 meeting Conditions 1 Proposed uses Land use restricted to contractor's office with limited warehouse space Proposed by applicant 2 Parking of service vehicles overnight and weekends allowed Proposed by applicant 3 24 hour accessibility Proposed by applicant 4 Site may include a future covered 3 sided outdoor storage area Proposed by applicant 5 Any Lighting shall be engineered dark sky or down lighting so as not to shine on adjacent properties Proposed by applicant 6 The development shall conform to all requirements of the Johnston County Land Development Code Proposed by applicant 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff Proposed by applicant 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Proposed by applicant 9 All signage shall comply with the Johnston County sign code Proposed by applicant 10 NCDOT Driveway Permit required 11 At time of development , if 17,000 sf of impervious area is proposed to be added a stormwater permit will be required Proposed by applicant 12 If an acre or more of disturbance is proposed , an erosion control permit will be required Proposed by applicant 13 General Business Hours of operation will be M - F 7 30am - 6 30pm Proposed by applicant 14 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Page 30 of 66Page1Page 31 of 66Page2Page 32 of 66Page3Page 33 of 66Page4Page 34 of 66Page5Page 35 of 66Page6Page 36 of 66Page7Page 37 of 66Page8Page 38 of 66Page9Page 39 of 66Page0 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 10493 - 1 in 87444 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling April 8 , 2024 Powered by TCPDF wwwtcpdforg Page 40 of 66Page124 - 07 Ortho 01 24 2023 - 02 24 2023 Page 41 of 66Page224 - 07 Page 42 of 66Page3RESOLUTION FOR CASE NUMBER 24 - 07 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 13E04003 located at 2264 Sanders Road in Pleasant Grove Township , from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a Rural businesses may be a part of the mix of uses in developing residential areas 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The conditional zoning allows for a land use that is low impact with low vehicular trip generation , and ; b The request is reasonable and in the public interest in that the prescribed land use , if developed in accordance with regulatory standards , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 3rd day of June , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS " Butch " Lawter , Jr , Chairman Page 43 of 66Page4FACT SHEET CONDITIONAL ZONING CASE 24 - 08 Rezoning Petition Petition to rezone 659 acres of a 2393 acre tract located at 928 Gordon Rd in the Clayton Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 05I05026F Owner Stephens Enterprises LLC Applicant Duke Energy Progress , LLC Conditional Zoning Request Electrical substations , switching stations , transmission lines , and related electrical facilities … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Wilsons Mills Fire District and Clayton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned AR and is vacant land ? Surrounding Land Uses Zoned AR and used for agricultural and residential purposes Zoned I - 1 and used for Light industrial Several adjacent businesses that are in Wilsons Mills ETJ … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Gordon Rd is not available ? Gordon Rd does not appear on the Comprehensive Transportation Plan as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated " Employment Center Placetype " on the Envision Johnston County Comprehensive Land Use Plan Additional Information ? Number of notices sent 10 STAFF RECOMMENDATION APPROVAL based on the following consistency statement Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 24 - 08 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement The request is consistent with the Envision Johnston Comprehensive Land Use Plan in that it is in an employment center placetype The request is reasonable and in the public interest in that the development is listed as a conditional zoning in the Agricultural Residential zoning , and meets all of the requirements listed in the ordinance Page 44 of 66Page5Finding of Facts for the Conditional Zoning 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed use will be designed , located , and operated to maintain public health , safety , and general welfare The proposed use allows for the development of a modern utility facility , which will increase the availability of reliable electrical service for the surrounding communities and will allow utility service to be restored quickly during times of emergency or natural disaster The utility facility will be located on an approximately 659 - acre portion the " property " of the 2393 - acre parent parcel land off on Gordon Rd and identified by PIN # 167700 - 93 - 2485 The location of the utility facility on the subject property allows for adequate separation from surrounding uses The facility will be secured with an appropriate security fence and remotely monitored 24 hours a day , 7 days a week The proposed use will have a minimal impact on the traffic experienced on Gordon Rd and the surrounding areas The only planned vehicular trips to the site would be for inspection of equipment , which would occur approximately once a month During periods of emergency or natural disaster , the facility may require more frequent site visits to perform work as necessary resulting from the emergency natural disaster to ensure reliable operation and delivery of power to its customers 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed rezoning retains the current Agricultural Residential AR zoning The only use added to the existing zoning is electrical substation and related uses consistent with the associated site plan Pursuant to section 14 - 75 © 1 of the Land Development Code , utility facilities are " essential to service of the area " and therefore appropriate within a conditional zoning district as proposed in this case To further ensure the permitted utility facilities are appropriate for the area , the proposed zoning conditions limit the type of utility facilities permitted on the portion of the property being rezoned Electrical transformer , switching stations , transmission lines and related electrical facilities are specifically allowed More noxious uses such as wastewater treatment plants and solid waste collection and transfer stations are prohibited 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The applicant is sensitive to placement of substation facilities in relation to surrounding land uses and makes every effort to minimize impact As previously noted , the location of the use on the subject property as proposed seeks to maximize separation from offsite development and uses and will be bordered by Gordon Rd on its eastern side The proposed use would be bordered by low density residential and plant nursery uses to the south , and vacant agricultural land to the north and west The remaining portions of the parent parcel to the west and on the opposite side of Gordon Rd to the east will be retained by the seller All forms of land use residential , commercial , civic , recreational , industrial , etc rely on electrical power to support their daily needs - it is public necessity The development of the proposed utility uses creates a stable power grid , will provide reliable energy , and will enhance public safety , economic development , and quality of life The harmony between the proposed use and adjoining residential uses is established by the low - impact nature of a substation The proposed use has no habitable space and requires no public water or sewer connection or onsite septic system The proposed use will have a minimal impact on traffic , as the station will only be visited sparingly by Duke Energy technicians for occasional maintenance Page 45 of 66Page6The development of the proposed use will meet the applicable requirements and zoning conditions related to landscaping and buffering As much as possible and to limit the visual impact of the development , the applicant intends to meet these requirements primarily through preservation of the existing vegetation on the property 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed rezoning is consistent with the County's land use plans and policies because it retains the existing AR base zoning and supports the proposed Employment Center future land use designation for the area between the Towns of Clayton and Wilsons Mills Per page 77 of the Comprehensive plan , employment centers are intended to be " mixed - use areas … Targeted as the primary location of job generating uses in settings that meet today's workplace expectations " The proposed zoning map amendment will support a stable energy grid , which is a vital service needed to support the business growth envisioned within the Employment Center area between Clayton and Wilson's Mills The development of a modern utility station that will serve a large portion of the County is in direct alignment with the overarching goals of the Johnston County Comprehensive Land Use Plan , and specifically supports Goal 2 " Necessary infrastructure is available with new development to maintain desired levels of service included education " , Goal 3 Utility service provision is cost - effective and equitable " , Goal 4 " Development quality is improved and remains high " , and Goal 7 " Existing neighborhoods are protected " A stable energy grid supports new development , along with existing neighborhood needs , as utility demands increase due to new growth Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of the proposed Agricultural - Residential Conditional Zoning CZ district is to permit and support a new Duke Energy 115 kV Substation and related electrical facilities along Gordon Rd Duke Energy's Distribution Planning Division has determined that a new electrical substation capacitor bank is needed to ensure that Duke Energy continues to have adequate capacity to serve the County as it continues to grow Johnston County continues to be one of the fastest growing counties in the state , and that results in increased demand for electricity DEP has identified a risk of low voltages in the existing 115kV transmission system within central Johnston County and determined that siting of a new capacitor bank location along the Clayton Industrial - Selma 115kV will mitigate the issue Duke Energy has obtained a purchase contract for an approximately 659 - acre portion of the approximately 2993 acre parent tract along Gordon Rd If the proposed rezoning and subsequent construction drawings are approved , a 115kV capacitor bank , high reliability substation will be built on the subject property and energized by the Clayton Industrial - Selma 115kV transmission line located along the eastern portion of the proposed tract The proposed substation will be accessed via a proposed driveway from Gordon Rd , will not have any heated square footage or public utility needs , and will adhere to all applicable standards of the Johnston County Code of Ordinances except as may be modified as part of the application In addition to the land uses generally permitted under the existing Agricultural Residential zoning district , the proposed conditional zoning district will permit Page 46 of 66Page7certain ' Public Private Utility Facilities ' Permitted utility facility uses shall be limited to electrical substations and related facilities The following utility facility uses are expressly prohibited Water and wastewater treatment plants ; sludge treatment , handling and disposal facilities ; ground and elevated water tanks ; solid waste collection and transfer stations 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below A The conditional zoning district shall only apply to the approximately 659 acre portion of the master parcel identified by PIN 167700 - 93 - 2485 , and as generally shown on the associated conditional zoning site plan B Electrical Substations , switching stations , transmission lines and related electrical facilities shall be permitted by right on the property The following Public Private facilities uses are expressly prohibited Water and wastewater treatment plants ; sludge treatment , handling and disposal facilities ; ground and elevated water tanks ; solid waste collection and transfer stations C The minimum building setback from a property or right - of - way line for an electrical substation use shall be as follows ? From Gordon Rd , 50 feet ? From any interior lot line , 20 feet ? From any access easement , 15 feet D Equipment and structures located within the electrical substation's security fence shall not exceed 40 feet To the extent not already exempted from height regulations by Section 14 - 9 of the Land Development Code , the following structures and facilities may exceed the height limit established by this condition and any applicable height limit otherwise stipulated in the LDC light masts and poles ; electrical transmission lines , poles , and towers and electric distribution lines , poles and towers E No vegetative screen landscape buffer shall be required within any existing recorded easement or within any established Duke Energy Danger Tree Zone , as such Danger Tree Zones may be generally shown on the associated site plan ; provided that , along Gordon Rd , vegetation may be planted within the proposed 30 ' class C Landscape buffer and such vegetation does not have to exceed fifteen 15 feet in height at maturity F Because expansion of the footprint of an electrical substation would not involve a change of use or increase the density of development on the property , such a modification shall be deemed a minor modification that can be approved administratively so long as the modification complies with applicable development standards in place at the time Page 47 of 66Page8Conditions 1 Permitted Uses Electrical Substations , switching stations , transmission lines and related electrical facilities Proposed by applicant 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 4 No vegetative screen landscape buffer shall be required within any existing recorded easement or within any established Duke Energy Danger Tree Zone , as such Danger Tree Zones may be generally shown on the associated site plan ; provided that , along Gordon Rd , vegetation may be planted within the proposed 30 ' class C Landscape buffer and such vegetation does not have to exceed fifteen 15 feet in height at maturity Proposed by applicant 5 The area housing all the equipment shall be enclosed within an 8 ' fence topped with barbwire 6 The conditional zoning district shall only apply to the approximately 659 acre portion of the master parcel identified by PIN 167700 - 93 - 2485 , and as generally shown on the associated conditional zoning site plan proposed by applicant 7 Electrical Substations , switching stations , transmission lines and related electrical facilities shall be permitted by right on the property The following Public Private facilities uses are expressly prohibited Water and wastewater treatment plants ; sludge treatment , handling and disposal facilities ; ground and elevated water tanks ; solid waste collection and transfer stations Proposed by applicant 8 The minimum building setback from a property or right - of - way line for an electrical substation use shall be as follows ? From Gordon Rd , 50 feet ? From any interior lot line , 20 feet ? From any access easement , 15 feet 9 Equipment and structures located within the electrical substation's security fence shall not exceed 40 feet To the extent not already exempted from height regulations by Section 14 - 9 of the Land Development Code , the following structures and facilities may exceed the height limit established by this condition and any applicable height limit otherwise stipulated in the LDC light masts and poles ; electrical transmission lines , poles , and towers and electric distribution lines , poles and towers Proposed by Applicant 10 Because expansion of the footprint of an electrical substation would not involve a change of use or increase the density of development on the property , such a modification shall be deemed a minor modification that can be approved administratively so long as the modification complies with applicable development standards in place at the time Proposed by Applicant Page 48 of 66Page9Planning Board Minutes Case 24 - 08 April 16 , 2024 Rezoning Case 24 - 08 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 05I05026F Owner Stephens Enterprises LLC Applicant Duke Energy Progress , LLC Location 659 acres of a 2393 acre tract located at 928 Gordon Rd in the Clayton Township Conditional Zoning Request Electrical substations , switching stations , transmission lines , and related electrical facilities Chairman Letchworth recused himself from deliberation of Case 24 - 08 for confl